Dáil Éireann Debate, Thursday - 13 June 2024
82. Deputy Thomas Pringle asked the Minister for Enterprise, Trade and Employment what measures his Department currently employs to ensure that practices, commonly understood to constitute union busting, are not carried out in the State; and if he will make a statement on the matter. [25799/24]
Amharc ar fhreagraThe Government fully supports the right of any worker to join and be active in their trade union. Employees have the right under the Constitution to form associations and trade unions. Under Irish legislation, an employee cannot be discriminated against or dismissed because they are a member of a trade union.
The Unfair Dismissal Acts provide for a number of grounds under which a dismissal may be considered unfair, including membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours. Where an employee has been unfairly dismissed, an adjudication officer and, on appeal, the Labour Court may make an order for the reinstatement, re-engagement or awarding of compensation to the employee.
The Workplace Relations Commission’s Code of Practice on Victimisation refers to victimisation arising from an employee’s membership or non-membership, activity or non-activity on behalf of a trade union. It applies to situations where there are no negotiating arrangements and where collective bargaining has not taken place. A complaint under the Code may be made to the Workplace Relations Commission.
Any further changes to industrial relations laws governing trade union organisation in the workplace will take place in the context of the implementation of the LEEF High-Level Working Group Report on Collective Bargaining and Ireland’s implementation of the collective bargaining elements of the EU Directive on Adequate Minimum Wages.
